| The arbitration mechanism for rural land contractual management disputes is different from civil and commercial arbitration.It has great significance for resolving rural land contract disputes,alleviating rural social conflicts,sharing the pressure of court cases as well.Since "Law on Mediation and Arbitration of Land contract Management disputes" has been promulgated,regional governments formulate various policies or regulations to put the law into practice.However,there are still many problems in practice that are not conducive to the development of arbitration mechanisms for rural land contractual disputes.For these reasons,this article selected two counties,County A in Hunan Province and County B in Hubei Province as research objects.Both of two Counties are the second batch of arbitration institutions for land contractual management disputes in 2005.It is planned to carry out an in-depth analysis of the arbitration practice of farmland contracting and management by researching two counties,summarizing the existing problems in the arbitration mechanism for contracted agricultural land disputes.What’ more,we can find some appropriate solutions to solve these problems.The full text is divided into the following three parts:The first part introduces present situation in rural land contract management of arbitration mechanism.This article starts from the two aspects of the current legislation and practice of rural land contract management,combined with four cases obtained from the investigation,analysis of the present situation of land contract management arbitration mechanism,and discuss the logic behind the current situation.The existing arbitration mechanism has characteristics as follows.It relies on the administrative agency,it has high rate of mediation in cases,The arbitrator is full of local knowledge and mobile.Because of these characteristics,arbitration award is authoritative,and disputes can be solved in a gentle way.The second part is to explain the dilemma in rural land contract management of arbitration mechanism.The existing arbitration mechanism has problems as follows.The arbitration mechanism is too litigation and administration-oriented.The supervising mechanism of arbitration is inadequate.The arbitrator doesn’t have the quality which arbitration needs.The training in arbitration of land contract management disputes is few and not professional.The emergence of these problems make the original advantages in the arbitration mechanism such as high efficiency,low cost and autonomy disappear,and influence on the professionalism and impartiality of the arbitral award.The third part is to discuss how to perfect the arbitration mechanism of rural land contractual management disputes in China.The dilemma of practice in arbitration mechanism meet some realistic difficulties just because there be gap between ideal arbitration institutions with market characteristics of high efficiency,and an existing planned and inefficient arbitration mechanism.What’s more,Comprehensive using of national public power intervention and market regulation means the arbitration institutions are separated from the administrative agencies.Then the arbitral authority can be pushed into the market.Furthermore,setting an arbitration association to make the institution directly supervise and regulate the arbitration institutions and arbitrators can help the local government slipping into the background.All in all,we can make the long-term development of agricultural contracting management and arbitration mechanism by using these methods. |
